What do we need to do for my husband to adopt my son from a prior marriage?

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What do we need to do for my husband to adopt my son from a prior marriage?

Before being married I had a son in the state of NC. He has no other parent than me listed on his birth certificate. I have been married to my husband 8 months. We would like to begin the adoption process to have him adopt our son. We currently live in AZ (and have done so for 7 months). My husband is in the military.

Asked on July 15, 2011 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Congratulations on all aspects of your life.  In order to have your present husband legally adopt your son you have to terminate the parental rights of his natural Father, regardless of the fact that only you are listed on the birth certificate.  If you think that the boy's natural father will terminate voluntarily then you can have him execute an affidavit which would be handed in to the court with your papers requesting adoption.  Often the two - termination and adoption - are done at the same time.  If you do not think that the father will comply you will have to bring a proceeding to terminate his parental rights.  That process could be much more involved.  Seek legal help.  Good luck. 


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